Legal advice

If you've got a legal question, we've got answers.

Get advice before you sign a contract: There’s no cooling-off period for real estate contracts in Western Australia. Once the contract is signed by both parties, it’s legally binding. We strongly recommend that you seek legal advice on the draft contract before you sign it.

Most settlements proceed smoothly. But if there’s a problem, it’s good to know that we can advise you of your rights and tackle the difficulty on the spot. 

our services

How we can help you

Practical advice and solutions.

Express contract review consultation

$550

For advice on draft (unsigned) contracts, we offer a consultation at our office or by telephone or videoconference.

We can generally have your consultation within two business days of your booking.

Bookings must be made by telephone.

Legal advice consultation

$440

For advice on signed contracts or legal issues during settlement, book a consultation with one of our property lawyers.

After the consultation, we will give you a written quote for any further service.

Unable to attend our office? We can conduct your consultation by telephone or video conference  – please contact us.

What to bring to the consultation:

  • your photo identification;
  • a copy of the contract and any other relevant documents.

Why choose us

We provide great service at competitive prices.
01.
Friendly and efficient service
We’ll anticipate your needs and exceed your expectations Read what our clients say.
02.
Excellent value for money

We charge a fixed fee plus disbursements at cost. 

03.
Industry game changers
Our flat rate pricing model has brought real competition to the industry. Chances are that wherever you go, thanks to us you’ll now be paying less.

Meet our team

We’re a law firm with more than 30 years’ experience in property law. As lawyers we can offer you so much more than a settlement agent. If there’s a problem with your settlement, it’s good to know that we, your settlement lawyers, can advise you of your rights and tackle the difficulty on the spot.

Legal Practitioner Director
Michael has been practising law in Western Australia since 1997 and is an experienced lawyer in property law, family law and succession law. Michael has a strong base of knowledge and experience from assisting hundreds of clients in these……
Legal Practitioner Director
Lucy leads our non-contentious Wills and estates team to provide easy to understand succession and estate administration advice. As well as practising law, she brings together people, technology and processes to design and deliver our innovative legal services. Lucy,……
Paralegal
Chris is an integral member of Flat Rate Settlements, working alongside Laura with a focus on real estate settlements in Western Australia. His responsibilities include managing legal property transfers, collaborating with clients and banks, and overseeing the signing and……
Settlements team leader
Laura’s dedication to the craft of real estate settlements, combined with her innate administrative and analytical talents, has seen her rise quickly to the ranks of an experienced and highly respected property conveyancer in Western Australia. Laura’s many clients……

FAQs

What is the O&A?

Most contracts to buy real estate in Western Australia are made by way of offer and acceptance on the standard two-page Contract for sale of land or strata title by offer and acceptance (O&A) published by the Real Estate Institute of Western Australia (REIWA) and the Law Society of Western Australia. The seemingly simple document incorporates the 2018 General Conditions set out in a separate 21-page booklet that is far more complicated. Both the O&A and the General Conditions are updated from time to time. If you’re buying or selling real estate, you need to understand both the O&A and the General Conditions – or have access to a professional who does.

Are any penalties payable if settlement is delayed?
The standard REIWA contract provides that if for any reason attributable to the other party, settlement is not completed within 3 business days after the settlement date, you may demand compensation at the rate of 9% per annum on the balance of the purchase price payable (penalty interest). Penalty interest is calculated from the settlement date to the date upon which settlement is completed and must be paid at settlement. Your right to compensation is subject to you and your lender (if any) being ready, willing and able to complete settlement on the settlement date. If you are not ready, willing and able to settle on the settlement date, then your right to compensation begins from the date upon which you give written notice to the other party that you are ready, willing and able to complete the settlement. We will only claim penalty interest on your behalf if we receive your written instructions to do so. We will advise you should there be any delay in settlement. For more information, read out blog post Penalties for late settlement.
What are the requirements for RCD & hard-wired smoke alarms?

The Electricity Regulations 1947 (WA) require sellers of residential properties built after 1 January 2000 to install at least 2 residual current devices (RCD’s) in the premises before the sale is completed.

It is also compulsory that mains powered smoke alarms are installed in residential properties prior to sale.

Prior to settlement, the seller should provide the buyer with a certificate certifying that RCD’s and smoke alarms are installed in accordance with the Electricity (Licensing) Regulations 1991.

More information can be found at the Department of Mines, Industry Regulation and Safety and at the Department of Fire & Emergency Services.

How do I arrange to discharge the mortgage on my property?
Unless stated in the contract, the property is sold free of all encumbrances. This means that, at settlement, any mortgages, caveats and other encumbrances must be discharged so that the buyer receives a clear title. If there is a mortgage or other encumbrance on the title, the seller must contact the relevant financial institution or other persons and request that the encumbrance be removed at settlement. The most common reason that settlement is delayed by a seller is that the discharging financier is not ready to settle. If settlement is delayed for this reason the seller may be liable to pay penalty interest to the buyer.
What is transfer duty and who is responsible for paying it?

Transfer duty (formerly known as stamp duty) is a State Government tax calculated on the value of the property. You can calculate transfer duty using our settlement calculator.

The buyer is liable to pay transfer duty on the contract and transfer. You may be eligible for a reduced rate of transfer duty if you are a first home buyer or you are buying a residence for owner occupation.

You must lodge your contract at the Office of State Revenue for assessment within 2 months of the contract date. If you fail to do so you may be liable to pay a fine or late lodgement penalties.

Testimonials

What our clients say

A very easy service to use, people were very easy to deal with and information clear and concise.
Mr L, settlements client
November 29, 2023
We have been working with Laura Gaunt for all of our settlements for the past 4 years and she has been nothing but professional and efficient. Highly recommended.
Tim Wang
November 29, 2023
Excellent service. Thank you.
Ms F
September 15, 2022
Recently, we were very fortunate to be able to use Flat Rate Settlements to complete the settlement process for the sale of our house and the purchase of a new apartment. The whole process, facilitated by Mandy Truong, was conducted in a professional, helpful and extremely courteous manner. Mandy took great pains to keep us fully informed at all times. Requests for extra information or clarification of particular issues were handled promptly and efficiently and she also made every effort to clearly explain what was required of us as her clients. On the occasions that I needed to phone Mandy, she was extremely accommodating and helpful and generous with her time. During the extended settlement period Mandy provided a number of interim reports that flagged the way in which progress was taking place. These reports were clearly set out and enabled us to be fully aware of the financials involved. As a result, the final settlement statement statement was easy to understand and interpret. All in all, we were extremely satisfied with way in which our settlement procedure was handled, due largely to the competent and pleasant way that Mandy looked after us. I would have no hesitation in providing my unequivocal recommendation of Flat Rate Settlements to any person seeking the services of a professional, efficient and supportive settlement agency.
Mr W, satisfied settlement client
August 22, 2022
This is the third or fourth time I have used Flat Rate Settlements and they have provided an excellent service each time. They are very knowledgeable, professional and thorough. And I can confidently say that their staff provide above and beyond, and always with a helpful and very pleasant manner. Nothing was too much trouble for both Laura and Mandy, even though I had a complicated and delayed settlement due to other parties, and had to contact them many times. I could not rate them any higher and would definitely recommend them for settlement services.
Ms Kenny
May 27, 2022
Thank you Chris. Just wanted to say I am very happy with Flat Rate Settlements, in particular yourself for settling my property so promptly and stress free. Much appreciated! Will be recommending you on to others in the future ?
Ms L
May 16, 2022

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